Question Period Note: Exploratory discussions with the Federation of Newfoundland Indians
About
- Reference number:
- ISC-2020-10088
- Date received:
- Dec 11, 2020
- Organization:
- Indigenous Services Canada
- Name of Minister:
- Miller, Marc (Hon.)
- Title of Minister:
- Minister of Indigenous Services
Suggested Response:
• Canada is committed to renewing the nation-to-nation relationship with Indigenous Peoples, based on recognition of rights, respect, co-operation, and partnership.
• We have had discussions with the Federation of Newfoundland Indians on reconsidering founding membership for veterans and active service members in the Qalipu Mi’kmaq Band.
• We recognize and value the meaningful contributions of Indigenous Veterans to the development and peacekeeping of our nation, and the place of honour they hold in Mi’kmaq culture.
Background:
Exploratory discussions with the Federation of Newfoundland Indians
There has been a high level of frustration and disappointment with both the Federation of Newfoundland Indians and those impacted by the exploratory discussions with what is perceived as a lack of progress on the proposed solution for veterans and active service members.
Litigation
Since 2017, twenty nine (29) court challenges have been filed with respect to the denial of founding membership applications with the Qalipu Mi’kmaq First Nation Band, of which ten (10) complaints have been filed with the Canadian Human Rights Commission stating that the point system is discriminatory. To date, 11 remain active.
On May 8, 2018, the Federal Court rendered two decisions challenging the denial for founding membership on the collaboratively developed self-identification criterion (David Wells and Sandra Wells v. The Federation of Newfoundland Indians and Canada). The judgment rendered against Canada declared that the requirement for applicants to provide evidence of self-identification that pre-dates June 23, 2008, is not reasonable and that individuals should be given the right to appeal the decision made in the review of their file.
As part of the implementation of the Wells Federal Court decision, a mail-out took place on January 31, 2019, to those denied under the self-identification criterion. Individuals were provided with the opportunity to request a reassessment by the Enrolment Committee by either submitting additional self-identification documents dated on or before September 22, 2011, the date of the Recognition Order, or use the documentation that was previously submitted. Approximately 7,200 requests for reassessment were submitted. Of those, 296 were successful in their reassessments. Those who were denied were provided a right to appeal as part of an Appeals Process which will begin in early 2021.
Additional Information:
If pressed
• We remain committed to working with the Federation of Newfoundland Indians to resolve all outstanding enrolment issues and to finalize the founding membership of the Qalipu Mi’kmaq band.